High Court Rulings


Reimbursable expenses not includible in taxable value of C&F service 

Expenses reimbursed to C&F agents for providing taxable services to clients not a part of remuneration / commission; Phrase ‘by whatever name called’ appearing in Rule 6(8) of Service ...View More

Grants excise duty exemption on goods supplied to contractors for UN projects 

Grants excise duty exemption on supply of goods to Govt of India approved projects, financed by UN or International Organisation; Supply of goods to contractors instead of Project Implementing Authori...View More

Upholds interest for violation of post importation conditions after availing concessions 

Rejects assessee’s contention that, no interest can be levied u/s 28AB, for violation of post importation condition; Interest payable under Rule 8 of Customs (Import of Goods at Concessional Rat...View More

Strikes down levy of service tax on AC restaurants & hotels 

Levy of service tax in relation to serving of food and beverages by restaurants, hotels, inns, guest-house, clubs or camp-sites under Sec 65(105)(zzzzv) & (zzzzw) of Finance Act, unconstitutional;...View More

Regulation 8(5) of CHALR not discriminatory; Temporary licence-holders & fresh applicants distinct 

Holds temporary licence-holders under Customs House Agents Licensing Regulations (CHALR), 1984 distinct from new applicants applying for licence under the 2004 Regulations; Requirement of qualifying t...View More

Denies credit of stock broker services; No nexus with company's main object 

Denies credit of service tax paid on stock broker services for sale of shares; Rejects assessee's contention that sale proceeds invested in business activities, hence relatable to manufacture and supp...View More

Rejects film producers /distributors' petition, Upholds service tax levy on 'Copyright'

Madras HC rejects writ petition by film producers & distributors challenging constitutional validity of levy of service tax on copyright; Upholds levy of service tax on temporary transfer or permi...View More

Service tax, not VAT applies on franchisee agreement, relies on BSNL ruling

Royalty received under franchise agreement for use of trademark liable to service tax and not Kerala VAT; Right to use trademark under franchise agreement a 'mere license to use', not an absolute tran...View More

Interest on delayed refund of pre-deposit by Revenue absolute; Relies on SC Ruling

Allows interest on delayed refund of pre-deposit beyond three months consequent to Tribunal’s order; Obligation to pay interest subserves requirement of fairness which every statute must observe...View More

No duty on capital goods' scrap cleared pre-introduction of provision in CCR

Clearance of scrap and waste arising from worn out capital goods not liable to reversal of credit or payment of duty; Duty payable on such removal only from date of insertion of sub-rule 5A in Rule 3 ...View More